HomeMy WebLinkAbout2011-03-16; Planning Commission; MinutesPlanning Commission Minutes March 16,2011 Page 1
Minutes of: PLANNING COMMISSION
Time of Meeting: 6:00 p.m.
Date of Meeting: March 16, 2011
Place of Meeting: COUNCIL CHAMBERS
CALL TO ORDER
Chairperson L'Heureux called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Chairperson L'Heureux led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard,
Schumacher and Siekmann
Absent: None
STAFF PRESENT
Don Neu, Planning Director
Jane Mobaldi, Assistant City Attorney
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
Shannon Werneke, Associate Planner
Pam Drew, Associate Planner
Austin Silva, Assistant Planner
Dan Halverson, Assistant Planner
Debbie Fountain, Housing and Neighborhood Services Director
Glen Van Peski, Senior Civil Engineer
Steve Jantz, Associate Engineer
APPROVAL OF MINUTES
Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting
from March 2, 2011.
Commissioner Siekmann stated that on page 3, paragraph 2 should reflect Chairperson L'Heureux
instead of Chairperson Douglas. She further stated that on the bottom of page 3, the motion should
reflect Commissioner Schumacher's vote instead of Commissioner Siekmann twice.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission approve the minutes from the Regular Meeting of March 2, 2011 as
corrected.
VOTE: 7-0
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Montgomery, Commissioner Nygaard, Commissioner Schumacher,
and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Minutes March 16,2011 Page 2
Chairperson L'Heureux directed everyone's attention to the slide on the screen to review the procedures
the Commission would be following during the evening's Public Hearing.
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
None.
PLANNING COMMISSION PUBLIC HEARING
Chairperson L'Heureux asked Mr. Neu to introduce the first item.
1. CUP 10-13 - REAL FIT 4 LIFE FITNESS GYM - Request for a Conditional Use Permit to
allow the Real Fit 4 Life Fitness Gym to operate in a vacant 5,693 square foot suite
located within an existing office/industrial building (Building L) on property located at 6118
& 6120 Innovation Way, in the P-M Zone, in Local Facilities Management Zone 17.
Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Dan Halverson would make the Staff
presentation.
Chairperson L'Heureux opened the public hearing on Agenda Item 1.
Mr. Halverson gave a brief presentation and stated he would be available to answer any questions.
Chairperson L'Heureux asked if there were any questions of Staff.
Commissioner Schumacher asked if the surplus parking is allocated on a first come, first serve basis. Mr.
Halverson stated the parking surplus is left up to whoever sells the units. Extra spaces are needed for a
Conditional Use Permit (CUP), and Staff will keep track of the surplus through future tenant
improvements.
Commissioner Siekmann asked if the owner has agreed to this. Mr. Halverson stated the agreement is
for the entire area. Commissioner Siekmann further asked if the owners of Towers at Bressi Ranch
agreed to this. Mr. Halverson stated each unit is individually owned and there is an owners association.
The owners are aware of the situation and do approve of it. Commissioner Siekmann asked what would
happen to the CUP if this business goes out and another fitness center moved in. Mr. Halverson stated
the CUP runs with the land. Jane Mobaldi, Assistant City Attorney, clarified that the CUP does run with
the land but there needs to be a use allowed by the original CUP.
Commissioner Black asked for clarification regarding the noise attenuation. Mr. Halverson stated Staff
did add a noise attenuation condition to the project at the request of the Planning Commissioners to
alleviate any noise to the neighboring offices. The applicant has submitted a letter outlining a different
proposal for sound attenuation.
Commissioner Montgomery asked about the cumulative effects on the Bressi Ranch site in regards to the
shared parking agreements. Mr. Halverson stated the CUP goes above and beyond, and in this instance,
Staff would not allow another CUP next door because there would not be enough parking. Commissioner
Montgomery asked if a business near to this needed their share of parking during the day and night. Mr.
Halverson stated it would depend on the type of use. If it were a use allowed by the P-M zone, the
spaces would be available.
Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if the
applicant wished to make a presentation.
Mike Howes, Howes Weiler & Associates, 5927 Balfour Court, Suite 202, Carlsbad, representing the
applicant, gave a brief presentation and stated he would be available to answer any questions.
Chairperson L'Heureux asked if there were any questions of the applicant.
Planning Commission Minutes March 16, 2011 Page 3
Commissioner Black asked what types of exercise classes-will be held at the facility. Mr. Howes stated
some of it will be martial arts classes and some will be fitness training. Commissioner Black inquired if
there will be any music played during the classes. Mr. Howes stated there will not be any music played
during the martial arts classes. However, during the day for the yoga classes there may be some soft
music playing.
Commissioner Dominguez asked if Mr. Howes is still proposing the noise mitigation measures as he has
proposed instead of what the City proposed. Mr. Howes stated he would prefer to not be conditioned for
any noise mitigation as no other fitness center has had such a condition. Mr. Howes commented that
there will be foam panels installed on the walls.
Commissioner Siekmann asked if there were any future plans to teach classes such as zumba that
requires loud music to be played.
Margueritte Gilvey, the applicant, 2611 La Golondrina Street, Carlsbad, stated that the type of specialty
gym they have is more focused on internal motion and music is not allowed. The focus is on personal
training.
Commissioner Schumacher asked Mr. Howes if the existing location for the gym has the two inch thick
foam panels on the walls. Mr. Howes stated no and they have never received any complaints.
Chairperson L'Heureux asked if there were any further questions of the applicant.
Mr. Neu clarified that the permit Staff processed is for a gym and wanted to make sure the applicant and
the Commission were clear that it is not just for a karate studio. According to the zone in which this
facility will be located, a karate studio would fall under the category "Educational Facilities, Other," which
is not a permitted or conditional use in the zone.
Mr. Howes stated one of the reasons the applicant is moving to this location is that the facility can be
expanded and they can offer more fitness type classes.
Ms. Gilvey commented that the martial arts classes that they offer are a separate part of their business.
They also offer agility training at the local schools.
Chaiperson L'Heureux asked if there were any members of the audience who wished to speak on the
item.
Lynn Moran, 6494 Paseo Lazo, Carlsbad, stated her support of the project.
Judy Peschik, 3047 Corte Trabuco, Carlsbad, also stated her support of the project.
Lisa Brandt, 1902 Wright Place, Carlsbad, stated her support for the project.
Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on
the item. Seeing none, he closed public testimony.
Chairperson L'Heureux asked if there were any further questions of Staff.
Commissioner Nygaard asked if Staff feels confident that what is proposed by the applicant in regards to
noise is sufficient. Mr. Halverson stated it was above and beyond what Staff had proposed.
Commissioner Nygaard inquired if there is a way for Staff to monitor the project if there are any issues or
complaints in the future. Mr. Halverson stated that if a complaint is filed, Staff will investigate it. Also,
because it is a CUP, there will be annual reviews conducted on the project.
Commissioner Siekmann inquired about the lighting for the parking lot. Mr. Halverson stated the project
does meet the lighting standards. Commissioner Siekmann asked if a subsequent business would be
subject to the CC&Rs if this business were to vacate. Mr. Halverson stated yes and they would be
subject to the conditions of the CUP.
Planning Commission Minutes March 16,2011 Page 4
Commissioner Dominguez asked if the applicant's proposed condition regarding the addition of mats and
floors should be added to this project. Mr. Halverson stated that would be at the discretion of the
Commission. Mr. Neu stated that initially Staff thought there were concerns from the adjacent tenants
and so a condition was proposed. The City has not required other gyms to have noise mitigation. If the
Commission would like to add the condition proposed by the applicant, Staff has modified it to insert the
improvements Mr. Howes described. Mr. Neu stated Staff is comfortable, however, without any noise
mitigation condition. If there are complaints in the future, Staff will first work with the applicant to resolve
the issue.
Chairperson L'Heureux asked if there were any further questions of Staff.
DISCUSSION
Commissioner Nygaard stated she is very happy to see this type of proposal moving forward. She
commented that she feels the parking issue has been resolved. Commissioner Nygaard further
commented that she would feel more comfortable including the improvements for noise mitigation as
suggested by Mr. Howes. She stated she could support the project.
Commissioner Siekmann thanked the applicant for choosing to relocate their business to Carlsbad. She
stated she can support the project as it is proposed.
Commissioner Montgomery stated he can also support the project as it is proposed without the added
condition for noise mitigation.
Commissioner Black commented that he feels comfortable with the project as it is proposed and he can
support the project.
Commissioner Dominguez stated he too can support the project without Condition No. 14.
Commissioner Schumacher thanked Staff and the applicant for working together to resolve the parking
and noise issues. He concurred with his fellow Commissioners in regards to excluding Condition No. 14.
Commissioner Schumacher stated his support of the project.
Chairperson L'Heureux also thanked Staff and the applicant. He further stated he does not think any
noise mitigation is required at this time, and he stated his support for the project.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6761 approving CUP 10-
13 for a period of 10 years, based upon the findings and subject to the conditions
contained therein excluding Condition No. 14.
VOTE: 7-0
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Montgomery, Commissioner Nygaard, Commissioner Schumacher
and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson L'Heureux closed the public hearing on Item 1.
RECESS
Chairperson L'Heureux called for a 5-minute recess at 6:48 p.m.
Planning Commission Minutes March 16,2011 Page 5
MEETING CALLED TO ORDER
Chairperson L'Heureux called the meeting to order at 6:53 p.m. with all Commissioners present and
asked Mr. Neil to introduce the next item.
2. PCD 10-02/CDP 10-28 - 1369 MAGNOLIA AVENUE PARCEL MAP - Request for
approval of a Planning Commission Determination and Coastal Development Permit to
subdivide one parcel, 0.82 acres in size, into three single-family lots, including two
adjoining panhandle lots, generally located on the south side of Magnolia Avenue, east of
Yvette Way and west of Highland Drive within the Mello II Segment of the Local Coastal
Program (LCP) and Local Facilities Management Zone 1.
Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the Staff
presentation.
Chairperson L'Heureux opened the public hearing on Agenda Item 2.
Ms. Werneke gave a brief presentation and stated she would be available to answer any questions.
Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, he asked if the applicant
wished to make a presentation.
Bill Cavanaugh, 4020 James Drive, Carlsbad, gave a brief presentation and stated he would be available
to answer any questions.
Chairperson L'Heureux asked if there were any questions of the applicant.
Chairperson L'Heureux suggested that the landscaping along the south property line be increased now
and that the plants and trees be planted now so that when the next two homes are ready to be built there
will be more mature landscaping. Mr. Cavanaugh stated he prefers mature landscaping and will install
the landscaping as soon as possible.
Commissioner Nygaard stated that the southwest corner of the property does need more landscaping
than what shows on the plans.
Commissioner Dominguez suggested that the proposed landscaping be extended all the way across lot 3.
He stated he also supports the idea of installing the landscaping as soon as possible.
Chaiperson L'Heureux asked if there were any members of the audience who wished to speak on the
item.
Steve Barger, Barger Engineering, engineer for the project, 2651 Gianelli Lane, Escondido, stated he
would be available to answer any technical questions related to the project.
Commissioner Black asked if the existing cactus garden on the site will be relocated. Mr. Cavanaugh
stated his goal is to relocate the cactus garden as well as the large birds of paradise.
Commissioner Montgomery inquired about the drainage for lot 3 and what discussions were held with City
Staff regarding the drainage flows. Mr. Barger stated that currently the site sheet flows from east to west
to the southwest corner, and the drainage actually crosses the property line which is not desirable. He
stated he worked with Staff to come up with a design to install a vegetated swale which will treat the
stormwater for pollution and removes those pollutants, contains the flows and then the flows are
propagated down to the north end of the driveway where there is a drainage structure which goes under
the curb and into the street. Mr. Barger further stated there will be enough fill placed on that lot 3 so that
the drainage will be directed to the swale and it will not go over the property line as it does currently.
Commissioner Schumacher asked for clarification regarding the drainage. Mr. Barger stated that while he
has not investigated the adequacy of the City facilities but he has worked with Staff and he has been
advised that the facilities are adequate for the project.
Planning Commission Minutes March 16,2011 Page 6
Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on
the item. Seeing none, he closed public testimony on the item.
Chairperson L'Heureux asked if there were any further questions of Staff.
Commissioner Montgomery commented that he was not given a grading plan for the individual lots. Glen
Van Peski, Senior Civil Engineer, stated the grading plan shows minimal grading on lot 3 to cut a pad in.
Before a precise grading plan is submitted, a CDP would come before the Commission for approval which
would then show the grading for that lot.
Commissioner Dominguez commented that the Commission will get an opportunity in the future to see
the final placement of the structures as well as the finished grading plans. Ms. Werneke stated that was
correct.
DISCUSSION
Commissioner Nygaard stated her support for the project but stated the placement of the future homes
will be very important. She further stated her support for extending the landscaping to the southern end
of the project site.
Commissioner Siekmann stated she agrees with extending the landscaping and further stated she would
even like to have more landscaping along the southern property line. Ms. Werneke stated a 6 foot tall
fence is proposed to be installed along the southern property line. Ms. Werneke further commented that
the landscaping for that lot can be addressed when the CDP comes before the Commission at a later
date.
Commissioner Montgomery stated he can also support the project as well as the extension of
landscaping.
Commissioner Black commented he can support the request for additional landscaping and he can
support the project.
Commissioner Dominguez stated he can also support the project.
Commissioner Schumacher agreed with extending the landscaping. He further acknowledged that the
Planning Commission was in receipt of a letter from the Brownley's dated March 14, 2011. Commissioner
Schumacher stated his support for the project.
Chairperson L'Heureux stated his support of the project as submitted with the additional condition to
extend the landscaping.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 6765 and 6766 approving
Planning Commission Determination PCD 10-02 and Coastal Development Permit
CDP 10-28 based upon the findings and subject to the conditions contained therein
to include the extension of the westerly landscaping strip to terminate at the south
property line.
VOTE: 7-0
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Montgomery, Commissioner Nygaard, Commissioner Schumacher,
and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Minutes March 16,2011 Page 7
Chairperson L'Heureux closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the
next item.
3. RP 05-10(A)/CT 05-20fA)/CDP 05-42(A) - STATE STREET MIXED USE - Request for a
recommendation of approval of amendments to a Major Review (Redevelopment) Permit,
Tentative Tract Map and Coastal Development Permit to allow the construction of a
mixed-use development project consisting of nine (9) condominium units and 1,155
square feet of commercial/retail space on the property located at 3044 State Street in
Land Use District 1 of the Village Review Zone.
Mr. Neu introduced Agenda Item 3 and stated Associate Planner Austin Silva would make the Staff
presentation.
Chairperson L'Heureux opened the public hearing on Agenda Item 3.
Mr. Silva gave a brief presentation and stated he would be available to answer any questions.
Chairperson L'Heureux asked if there were any questions of Staff.
Commissioner Schumacher asked about the spacing of the 4 guest parking spaces and if a large vehicle
would end up sticking out into the alley. Mr. Silva directed the Commission's attention to a slide depicting
a large SUV along with a Smart Car parked in two of the spaces. Mr. Silva stated the car would be
parked right up to the property line, and there is also a power pole located just east of the property line.
Commissioner Siekmann stated that she believed the parking spaces would be for 4 Smart Cars. Mr.
Silva stated the spaces are intended for Smart Cars. Commissioner Siekmann asked if there will be
striping for the parking spaces. Mr. Silva stated that condition can be added if the Commission wanted it.
Commissioner Siekmann stated she would be agreeable to that.
Commissioner Montgomery commented that by striping the parking spaces, the spaces would then be
limited to only those size vehicles. Without striping the spaces, there would be more flexibility for types of
cars to park in those spaces.
Commissioner Schumacher stated that the likelihood that a guest would be driving a Smart Car is pretty
slim, but he can reasonably anticipate that a car will be sticking out into the alley the way the parking is
currently configured.
Commissioner Dominguez commented that this might turn into an enforcement problem for the Police
Department. He further suggested signage or strict directives as to where people can park.
Commissioner Siekmann stated it is her understanding that, if approved, the parking spaces are for 4
Smart Cars. Mr. Silva stated that was correct. Commissioner Siekmann stated that if it is approved with
the idea that other sized vehicles would be parking in those spaces, it does not create 4 Smart Car
parking spaces.
Commissioner Black commented that any future owners that have large vehicles will have a very difficult
time parking their vehicles in the garages. He asked if there is any way to mitigate that issue.
Chairperson L'Heureux stated that the applicant can address that question.
Commissioner Black asked if there is a way to underground the utility poles in a total section as opposed
to along just one wall. Mr. Silva stated the applicant is not required to underground the utility poles at this
time. In the future, however, those utility poles will be undergrounded.
Chairperson L'Heureux asked for clarification regarding the requirement for undergrounding the utility
poles. Mr. Van Peski stated the Municipal Code sets out the conditions for requiring utilities to be
undergrounded, and those conditions were not met for this project. He further stated that the threshold
for the requirement is a combination of a certain length in feet and the elimination of at least one pole.
Planning Commission Minutes March 16,2011 Page 8
Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, he asked if the applicant
wished to make a presentation.
Robert Richardson, Karnak Planning and Design, 2525 Pio Pico Suite 102, Carlsbad, gave a brief
presentation and stated he would be available to answer any questions.
Chairperson L'Heureux asked if there were any questions of the applicant.
Commissioner Siekmann asked about the water storage in each unit. Mr. Richardson stated the water
storage tank in the storage room is for solar hot water. There will be a hot water storage tank on the roof,
and the roof will also be wired for solar electricity.
Commissioner Black asked if the parking for the fuel efficient vehicles will help with the LEED certification
for the project. Mr. Richardson stated yes but it was not done for that specific purpose. Commissioner
Black asked if there was any way to save the two trees that are currently in the middle of the first lot. Mr.
Richardson stated there is not really a place to move those trees.
Commissioner Montgomery asked that if by requiring Smart Car parking on the site, would it then make it
a requirement of a future owner to own a Smart Car as well. Mr. Richardson stated no.
Commissioner Schumacher asked if the intention is to have signage for the 4 Smart Car parking. Mr.
Richardson stated yes and there will striping and signage which clearly defines the spaces as Smart Car
or other fuel efficient vehicles and for the electric hookup.
Chairperson L'Heureux asked if there were any further questions for the applicant. Seeing none, he
asked if there were any members of the audience who wished to speak on the item.
George Willis, 539 Carlsbad Village Drive, Apartment 200, Carlsbad, stated he supports this project and
does not think that the applicant should have to be responsible for the undergrounding of the utilities.
Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on
the item. Seeing none, he closed public testimony.
Debbie Fountain, Housing and Neighborhood Services Director, stated that when the City met with
Coastal Commission regarding the proposed changes to the development standards for the Village Area,
Coastal Commission staff specifically requested that a requirement be added that any new development
within the coastal zone provide incentives for fuel efficient vehicles, use of public transportation, etc. She
stated that the idea for the Smart Car parking spaces for this project came about in response to that
Coastal Commission requirement. There are a variety of ways in which the requirement can be
addressed, and it does not necessarily have to be a Smart Car but rather a fuel efficient vehicle. Ms.
Fountain further suggested that if the Planning Commission wants to add a condition for signage, the
wording should be for fuel efficient vehicles.
Chairperson L'Heureux asked how the condition can be worded so that it is enforceable and so that it
does not fall through the cracks. Ms. Mobaldi stated that this project will be on private property so the
Police Department will not give tickets. Chairperson L'Heureux asked if there would be any enforcement
if the parking spaces are delineated and marked for a smaller than normal vehicle and someone parks a
large SUV in one or two of the spaces. Ms. Mobaldi stated that would not be a Carlsbad Police
Department enforcement issue because it is private property.
Ms. Fountain commented that because the site will be private property, signs can be posted stating
vehicles will be towed at the owner's expense, but the enforcement will be a private matter.
Commissioner Dominguez commented that if the parking spaces are clearly marked along with clearly
marked charging stations, it would then become obvious that those spaces were meant for those types of
vehicles. He feels that would be adequate for now.
Planning Commission Minutes March 16,2011 Page 9
Commissioner Schumacher asked if there were any other charging stations elsewhere in the City.
Commissioner Dominguez stated there are two at Costco with very clear yellow markings.
DISCUSSION
Commissioner Nygaard stated this project is going to push the City along to a greener city. She stated
she can support the project.
Commissioner Siekmann stated she feels this is a wonderful project and that she can support this project.
Commissioner Montgomery stated this is a perfect example of a good mixed use project in the right
location and he stated his support of the project.
Commissioner Black applauded the design of the building and also stated his support of the project.
Commissioner Dominguez stated this project will be a stimulus for the area. He also stated his support
for the project.
Commissioner Schumacher stated he supports the project.
Chairperson L'Heureux concurred with his fellow Commissioners. He stated this project has the potential
to be a milestone for the city.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 6767, 6768, and 6769
recommending approval of RP 05-10(A), CT 05-20(A), CDP 05-42(A) to the City
Council based on the findings and subject to the conditions contained therein to
include specific language about the guest parking spaces to be designated for fuel
efficient vehicles or language to be determined by the Planning Director.
VOTE: 7-0
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Montgomery, Commissioner Nygaard, Commissioner Schumacher,
and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson L'Heureux closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the
next item.
4. CDP 06-02x1/SUP 04-13x1 - CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM
- Request a five-year extension of CDP 06-02 and SUP 04-13 to allow the continuation
of the five-year program that would allow for the placement of up to 150,000 cubic yards
(cy) per year of opportunistic beach fill (sand) along the Encinas Beach portion of the
South Carlsbad State Beach, which is located on the west side of southbound Carlsbad
Boulevard, just north of the Encinas Creek Bridge, and south of Palomar Airport Road, in
Local Facilities Management Zone 22.
Mr. Neu introduced Agenda Item 4 and stated Associate Planner Pam Drew would make the Staff
presentation assisted by Associate Engineer Steve Jantz.
Chairperson L'Heureux opened the public hearing on Agenda Item 4.
Ms. Drew gave a brief presentation and stated she would be available to answer any questions.
Planning Commission Minutes March 16,2011 Page 10
Chairperson L'Heureux asked if there were any questions of Staff.
Commissioner Montgomery asked if the majority of the sand is coming from Calavera Creek. Ms. Drew
stated that the one project the City is hoping to use this project on is the dredging of the Calavera Creek
and the Agua Hedionda Creek that heads into the mobile park at the corner of El Camino Real and
Cannon Road. Commissioner Montgomery inquired about the greenhouse gas emission mitigation. Ms.
Drew stated that the City has always had to analyze the air quality issues with the CEQA documents and
stated that from what she has seen for the greenhouse gas emissions, it is very similar with items such as
keeping the vehicles tuned up, not idling the vehicles during loading or unloading, and the use of more
diesel vehicles.
Commissioner Dominguez asked if the mitigation measures for greenhouse gas emissions have anything
to do with the sand itself but instead with the transport of the sand. Ms. Drew stated that was correct.
Commissioner Schumacher asked how one compares the greenhouse gas emissions and the negative
impact of 1,000 trucks driving to the beach versus the positive impacts of sand on the beach. Ms. Drew
stated that Staff looks to see if there are any significant impacts on the environment in any of the listed
CEQA categories. If there are impacts they need to be reduced to a level of less than significant. Ms.
Mobaldi clarified that with a Mitigated Negative Declaration (MND), the impacts are being reduced to a
level of less than significant. If that is achieved, then the MND can be approved. With an Environmental
Impact Report, there is complete analysis, and then considerations are being weighed, such as
economical, social, etc. The City Council, in approving that document, can make a Statement of
Overriding Consideration. CEQA is basically informational and does not prevent a Commission or
Council from approving a project; it makes sure the impacts are analyzed and the City is aware of them.
In this particular case, Staff has not analyzed greenhouse gas emissions because there is not enough
information to be able to do that. However, for the impacts that have been identified, the impacts are
either not significant or they are being reduced to a level of less than significant with the mitigation
measures that are being imposed.
Commissioner Siekmann asked about the value of this project. Ms. Drew deferred to Mr. Jantz. Mr.
Jantz stated that he does not have any numbers that show an economic value. He stated that when you
put sand on the beach because of erosion, the littoral cell gets re-nourished. Generally, many people
come to this area for vacations and the beach is a major economic engine for not only the city of
Carlsbad, but for state of California as well.
Commissioner Schumacher asked if the Beach Preservation Commission looked at this project. Mr. Jantz
stated yes and they were the original group that started this project back in 2006. The extension was not
brought back to them for approval because he knew the Commission would agree to it.
Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the
item. Seeing none, he opened and closed public testimony.
DISCUSSION
Commissioner Nygaard stated she can support the project.
Commissioner Siekmann stated her support for the project.
Commissioner Montgomery also stated his support of the project.
Commissioner Black also stated his support of the project.
Commissioner Schumacher stated his support of the project.
Chairperson L'Heureux concurred with his fellow Commissioners.
Planning Commission Minutes March 16,2011 Page 11
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 6762 and 6763 approving
Coastal Development Permit (CDP 06-02x1) and Special Use Permit (SUP 04-13x1)
based upon the findings and subject to the conditions contained therein including
the errata sheet dated March 16, 2011.
VOTE: 7-0
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Montgomery, Commissioner Nygaard, Commissioner Schumacher,
and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson L'Heureux closed the public hearing on Agenda Item 4 and thanked Staff for their
presentations.
COMMISSION COMMENTS
Commissioners Nygaard, Siekmann, Black and Schumacher all stated they enjoyed the League of Cities
Conference this past week in Pasadena.
PLANNING DIRECTOR COMMENTS
Mr. Neu commented on climate change and stated there is legislation requiring that communities address
it particularly in the context of General Plan updates which is how the City is proceeding.
CITY ATTORNEY COMMENTS
Ms. Mobaldi commented on a Practical Litigation Update handout from the Planner's Institute
Conference.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of March 16, 2011, was adjourned at
8:43 p.m.
DON NEU
Planning Director
Bridget Desmarais
Minutes Clerk